WEDNESDAY NOTES

 So Long, Pat!

Gold Watch Time - September 12th marks both the thirty-third anniversary of Jury Room Chief Pat LaVigne's hiring by the Clerk's Office, and her well earned retirement.  Make sure to stop by the Jury Room Thursday to say goodbye, and to wish new boss Cathy Bernstein congratulations.  It's a safe bet the transition will be as seamless as the uninterrupted, never ending stream of jurors provided by Pat and team for the grist mill known as justice in Broward County.  It's certainly no walk in the park dealing with the general public on a mass scale, or judges with their robes in a twist, but Pat made it look easy all these years. 
Well done!

Also outta here ...
- the Florida Bar's Director of Lawyer Regulation is calling it quits too.  That's right, JAABLOG's numero uno nemesis Ken Marvin is retiring, effective January 2014.  Bar sources confirmed today that Marvin has given "verbal notice", and that the job opening has been posted internally  "per policy".  If no insider applicant makes the grade for a job that currently pays Marvin $119,140 a year, the position will be posted externally ...

And more Bar news - Bar v. Blog was scheduled to go before a Grievance Committee (GC) today.  We weren't invited, although we pretty much begged the Bar for an invitation in our last written response, so as to tell everybody what we think they really should know.  Did the GC find probable cause?  Did they summarily dump the complaints?  Or did they assign a lawyer investigator to finally gather the real story?  You'll know as soon as we do ...

It's a small town, after all ... - once upon a time, there were all kinds of rumors as to whether or not Ilona Holmes would testify on behalf of one time gal pal Gardiner during the disgraced former judge's Bar trial.  Ultimately, of course, Holmes was a conspicuous no show.  And now we've stumbled onto this Sworn Motion To Disqualify and the Order Granting Disqualification  from last summer on an open homicide case*, which shows just how concerned Holmes was that she might be subpoenaed to appear.  Apparently, the judge consulted Fred Haddad to intervene if a subpoena was issued, despite the fact Haddad had at least one serious case pending before her.  One thing led to another, resulting in the disqualification order, wherein Holmes couldn't resist deeming the granted Motion "frivolous".  A returned call by Holmes' JA concerning some of the issues presented left us more baffled than before, so be sure to read the Motion and Order for yourself, or post a comment if you have the backstory.  Just another bit of interesting fallout from the Gardiner mess, with more surely to come ...

* The homicide case involved both Haddad and David Bogenschutz, the lawyer who would have been calling Holmes as a witness on behalf of Gardiner.  Got that?

Coming Soon - From the Pen of Howard Finkelstein; SAO making good headlines (for a change); A whole ton of reversals ...

 

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  • 9/12/2013 8:00 AM Frat Stud wrote:
    Guys in my high school used to bail on their friends. It was no big deal.
    Reply to this
  • 9/12/2013 8:28 AM Legacy wrote:
    Sad yet amusing that for as great a lawyer David was/is he will rembered in the end for Gardiner. I hope the juice was worth the squeeze.
    Reply to this
  • 9/12/2013 10:49 AM Bar's Ken Assad Marvin wrote:
    John B. Thompson, J.D., M.A.
    5721 Riviera Drive
    Coral Gables, Florida 33146
    305-666-4366
    amendmentone@comcast.net

    September 12, 2013

    All Justices
    Florida Supreme Court
    500 South Duval Street
    Tallahassee, Florida 32399 Via email to Clerk Tom Hall

    All Florida Bar Governors
    Via email to Bar President Eugene Pettis

    Re: Replacing the Retiring, Estimable Bar Director of Lawyer Regulation, Ken Marvin

    Dear Chief Justice, Justices, and Bar Governors:

    Word comes today, through Jaablog, one of the improper targets of the above individual, that he, Ken Marvin, is set to retire at the end of this year. This is Florida regulatory news analogous to an announcement that Syria's Assad is about to step down, a difference being that Assad admits using chemical weapons, whereas Marvin does not admit turning toxic the bar disciplinary process he corrupted, as predicted by the ABA's McKay Commission.

    For starters, but not by any means to exhaust the analysis, Ken Marvin is a liar. When I was being prosecuted by the Alabama State Bar for shamefully appearing on CBS' 60 Minutes to warn the public about video game copycat killings, I called Marvin and asked him, without identifying myself, which of two jurisdictions should proceed first against a lawyer admitted pro hac vice in one state but licensed in another. I even told him the foreign state was Alabama and the home state of the lawyer was Florida. Marvin unequivocally stated that the foreign state--the pro hac vice state--would HAVE to proceed first, since that was where the alleged ethics lapses occurred. Then the home state, Florida, might visit reciprocal discipline upon him if Alabama first found him guilty. Marvin pointed out that that is what the ABA Model Rules as to multijurisdiction practicerequire and that is what Florida Bar Rules require. Marvin said it was a no-brainer. Alabama wound up dismissing the charges, but Florida proceeded, charging me with violations of Alabama Bar Rules, which it of course has no jurisdiction to do.

    When I memorialized this ambush conversation with Marvin, which was corroborated by an Ethics Hotline opinion to the same effect, with an affidavit, thereby identifying myself as the one who asked Marvin the jurisdicitonal questions, Marvin claimed it never happened, that he would never say such a thing, the clear wording of ABA and Florida Rules notwithstanding! You see, Mr. Marvin tailors Bar discipline to whom the target is, not according to the law. Similarly, Marvin covered up his own wrongdoing in the following Bar matter in which Lorraine Hoffmann lied to the Florida Supreme Court: http://articles.sun-sentinel.com/2011-03-28/news/fl-bar-prosecutor-out-20110328_1_bar-complaint-bar-spokeswoman-karen-kirksey-prosecutor I have the internal documents that prove Marvin hid his own wrongdoing from the Court, for which he should be disbarred.

    Why is all this relevant now? Because it appears that The Bar's incestuous practice
    Reply to this
  • 9/12/2013 10:50 AM Assad Marvin cont'd wrote:
    Why is all this relevant now? Because it appears that The Bar's incestuous practices require that Marvin's replacement be culled, if possible, from among Bar underlings who report to him. These subordinates are all little acorns who have fallen from the poisonous oak. They are Marvin clones who will keep in place his special style of regulatory corruption at The Bar.

    What The Bar needs is someone to replace Marvin who actually has an ethical quotient higher than that of Scott Rothstein. That means opening up the hiring process to those outside the Deliverance-like, incestuous banjo playing of Marvin and his acolytes.

    Please govern yourselves accordingly.

    Regards, Jack Thompson

    Copies: Jaablog, Norm Kent, Bill Gelin, Significant Others
    Reply to this
  • 9/12/2013 11:52 AM Anonymous wrote:
    Sad too that Mr. Marvin shall be remembered for the attack on free speech.
    Reply to this
  • 9/12/2013 12:08 PM Jail House Rock wrote:
    Can't wait to hear more on Chief Finkelstein and SAO Satz...Vamos
    Reply to this
  • 9/13/2013 7:03 PM anamalous wrote:
    So Marvin get to get the same good tidings ana gardiner got--a free pass with benefits--he needs to be fired--instead of rewarded for his years of fraudulent cheating and corrupt service. Did Bogey broker this deal, too or Marvin's own legal "relationships?"
    Reply to this
  • 2/7/2014 1:13 PM bid and win wrote:
    If we knew what it was we were doing, it would not be called research, would it?
    Reply to this

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